General terms and conditions of sale
La Voyagiste Paris
Terms and Conditions of sale
Consumers
ARTICLE 1. Preamble
Article 1.1. Description of the seller
LA VOYAGISTE PARIS is a French simplified joint-stock company registered with the Paris Trade and Companies Register under number 980 282 677, whose registered office is located at 58 rue de Monceau – 75008 Paris, France.
Phone number: 06.46.89.07.12
Email address: manon@lavoyagisteparis.com
Legal representative: Manon PICHEREAU, Director
ATOUT France registration number: IM 075230061
Financial guarantor: ACCELERANT INSURANCE EUROPE SA, Place du champ de Mars 5 – 1050 Brussels, Belgium
Professional civil liability insurer: HISCOX France, 38 avenue de l’Opéra – 75002 Paris, France
Website: https://lavoyagisteparis.com/
Hereinafter referred to as “La Voyagiste Paris”
Article 1.2. Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the sale by La Voyagiste Paris of tourist services provided by partner service providers, to consumers or non-professionals within the meaning of the French Consumer Code or travellers within the meaning of the French Tourism Code and who have the legal capacity to enter into a contract (hereinafter referred to as “the Customer(s)”).
Article 1.3. Definitions
Customer: a natural person who is a consumer or non-professional within the meaning of the French Consumer Code, or a traveller within the meaning of the French Tourism Code, who contracts with La Voyagiste Paris under these general terms and conditions of sale.
Service: travel service, tourist service or tourist package within the meaning of Article L. 211-1 of the French Tourism Code.
ARTICLE 2. Content and scope of application
These general terms and conditions of sale apply automatically to all services sold or offered for sale by La Voyagiste Paris.
They apply to sales made by all distribution and marketing channels.
Any order or purchase implies the unconditional acceptance of these general terms and conditions of sale, which prevail over all other conditions, with the exception of those that have been expressly accepted by La Voyagiste Paris and appear in the signed booking contract.
The Customer declares they have read these general terms and conditions of sale and accepted them before booking and signing the contract.
ARTICLE 3. Pre-contractual information
The Customer acknowledges having received, prior to placing their order and/or signing the contract, a legible and comprehensible copy of these general and special terms and conditions of sale and of all the information listed in Article L. 221-5 of the French Consumer Code and Article R. 211-4 of the French Tourism Code.
The Customer further acknowledges that they have received the form adopted pursuant to the order of 1 March 2018 “setting out the template information form for the sale of travel and stays”.
ARTICLE 4. Price
Article 4.1. Final price and additional taxes
The final price is announced in euros (or in dollars or pounds sterling), including all taxes (incl. VAT) per person or in the form of a lump sum in the case of groups. It may be calculated on the basis of the number of participants.
The price includes the elements indicated in the contract. Unless otherwise stated, it includes accommodation (hotel or accommodation), on-site transport (car rental or private driver), activities provided for in the contract and administrative fees.
Unless specified in the contract, it does not include pre- and post-routing, meals, petrol/tolls on site, single room supplement, optional insurance or personal expenses.
When a person occupies a room designed to accommodate two people alone, they are charged an additional amount called a “single room supplement”, which is indicated in the price before validation of their order.
When the contract includes hotel accommodation or rental of touristic accommodation, the price does not include the tourist tax. The amount of the tourist tax will be indicated separately. This tax must be paid directly to the host upon the Customer’s arrival.
Article 4.2. Payment methods
The Customer warrants to La Voyagiste Paris that they have the necessary authorisations to use the payment method they chose when confirming the contract. La Voyagiste Paris reserves the right to suspend the booking management and/or performance of services if an officially accredited establishment refuses to authorise a credit card payment or the amount due under the contract remains unpaid.
Payments made by the Customer shall only be considered final after actual receipt of the sums due by La Voyagiste Paris.
Payment may be made by :
- bank transfer (transfer fees payable by the Customer) or,
- credit card via a payment link (at the Customer’s request).
ARTICLE 5. Price revision
La Voyagiste Paris undertakes to apply the rates in force indicated at the time of booking but reserves the right to change its prices unilaterally under the conditions set out in this Article.
In accordance with Article L. 211-12 of the French Tourism Code, the price may thus be modified upwards or downwards after validation of the reservation to take into account changes to:
1° The price of passenger transport resulting from the cost of fuel or other energy sources;
2° The level of taxes or fees on travel services included in the contract, imposed by a third party who does not participate directly in the performance of the contract, including tourist taxes, landing or boarding and disembarkation taxes at ports and airports; or
3° The exchange rates related to the contract.
Any application of a price increase pursuant to the previous paragraph shall be notified to the Customer in a clear and comprehensible manner and accompanied by justification and a calculation, on a durable medium, no later than twenty days before the start of the services.
Reciprocally, the Customer is entitled to a price reduction corresponding to any reduction in the costs mentioned in 1, 2 and 3, which occurs after the conclusion of the contract and before the start of the trip.
In the event of a reduction in the price, La Voyagiste Paris is entitled to deduct its actual administrative expenses from the reimbursement due to the Customer. At the request of the Customer, La Voyagiste Paris shall provide proof of these administrative expenses.
If the increase exceeds 8% of the total price of the package or travel service, the Customer may accept the proposed change, or request the termination of the contract without paying a termination fee and get a refund for all payments already made.
ARTICLE 6. Bookings
La Voyagiste Paris offers an online and remote booking system. The information on its website is not contractual but only informative.
Online:
The Customer contacts La Voyagiste Paris using the contact form accessible on the website and indicates the following information: desired dates, planned budget, destinations, etc. Following receipt of this request, La Voyagiste Paris contacts the Customer by email to schedule an exchange in order to explore the planned trip. Once the proposed trip has been validated by the Customer by email, La Voyagiste Paris sends a quote accompanied by these T&C’s. Upon receipt of this quote signed by the Customer (by email or by post) and accompanied by the deposit, La Voyagiste Paris will initiate the reservations.
Remotely:
The Customer contacts La Voyagiste Paris by telephone or through a local travel agency with the following information: desired dates, planned budget, destinations, etc. Following receipt of this request, La Voyagiste Paris contacts the Customer by email to schedule an exchange in order to further explore the planned trip. Once the proposed trip has been validated by the Customer by email, La Voyagiste Paris sends a quote accompanied by these T&C’s. Upon receipt of this quote signed by the Customer (by email or by post) and accompanied by the deposit, La Voyagiste Paris will initiate the reservations.
A deposit of 30% is to be paid upon signature of the quote. The balance is to be paid no later than 45 days before the starting date of the trip. However, the trip may be paid in full upon booking if the Customer wishes so.
Without payment of the balance no later than 45 days before the starting date of the trip, La Voyagiste Paris reserves itself the right to cancel the trip and apply the cancellation fees provided for in Article 9.
For bookings made less than 45 days before the day of departure, the full price of the trip is payable upon booking.
ARTICLE 7. The absence of right of withdrawal
Article L. 221-28 of the French Consumer Code provides that the right of withdrawal may not be exercised for the provision of accommodation services (other than residential accommodation), goods transport services, car hires, catering, or leisure activities which must be supplied at a specified date or period. Article L. 221-2 of the French Consumer Code also excludes this option for passenger transport and tourist packages.
La Voyagiste Paris invokes this absence of right of withdrawal and indicates that for all services falling within the scope of Article L. 221-28 or L. 221-2 of the French Consumer Code, the Customer shall have no right of withdrawal.
ARTICLE 8. Amendment of the contract
Article 8.1. Amendment at the initiative of La Voyagiste Paris
La Voyagiste Paris has the possibility of unilaterally amending the clauses of the Contract after it has been signed and before the start of the tourist services, without the Customer being able to object thereto, provided that the modification is minor and that the Customer is informed as quickly as possible in a clear, comprehensible and apparent manner on a durable medium.
If La Voyagiste Paris is forced to unilaterally modify one of the main characteristics of the contract within the meaning of Article R. 211-4 of the French Tourism Code, so that it cannot meet the specific requirements agreed with the Customer, or in the event of a price increase of more than 8%, it shall inform the Customer as soon as possible, in a clear, comprehensible and apparent manner, on a durable medium: of the proposed changes and, if applicable, of the repercussions on the price of the trip; of the reasonable period within which the Customer must inform La Voyagiste Paris of the decision it takes; of the consequences of the traveller’s failure to respond within the set period; if applicable, of the other service proposed, as well as its price.
When amendments to the Contract or the replacement service result in a reduction in the quality of the trip or its cost, the traveller is entitled to an appropriate price reduction.
If the contract is terminated and the Customer does not accept any other service, La Voyagiste Paris will reimburse all payments made by them or on their behalf as soon as possible, and at the latest fourteen days after the termination of the contract.
Article 8.2 Amendment at the initiative of the Customer
Any stay cut short or not consumed because of the Customer, or which starts late because of the Customer will not give rise to any refund.
La Voyagiste Paris only undertakes to provide the Customer with the services sold.
La Voyagiste Paris cannot be held liable for:
– any service subscribed by the Customer other than that invoiced by La Voyagiste Paris;
– any modification of the services at the initiative of the Customer.
ARTICLE 9. Cancellation of the contract
Article 9.1. Cancellation of the contract by the Customer
The Customer may cancel the contract at any time before the start of the services. For this termination to be valid, they must inform La Voyagiste Paris by email or by post.
In this case, La Voyagiste Paris will ask the Customer to pay cancellation fees and may withhold all or part of the deposits or balance already paid, depending on the schedule corresponding to the stay.
30% in the event of cancellation more than 60 days before the start of the holiday, 50% in the event of cancellation less than 60 days before the start of the holiday, 75% in the event of cancellation less than 45 days before the start of the holiday, 100% in the event of cancellation less than 30 days before the start of the holiday.
The 30% deposit is non-refundable.
These termination costs will not be payable if the contract is terminated as a result of exceptional and unavoidable circumstances, occurring at or in the immediate location of the destination and having significant consequences on the performance of the contract. In this case, La Voyagiste Paris will reimburse the payments made in full, without however resulting in additional compensation.
The cancellation date is the date of receipt of the Customer’s request by La Voyagiste Paris
Article 9.2. Cancellation of the contract by La Voyagiste Paris
La Voyagiste Paris may cancel the contract at any time before the start of the services.
The Customer shall be entitled to additional compensation, which corresponds to the amount they would have had to pay if they had cancelled on the same date. However, La Voyagiste Paris shall not be liable for any additional compensation, if the contract is terminated in the following two cases:
1) The number of persons registered for the trip is less than the minimum number indicated in the contract. In this case, La Voyagiste Paris notifies the Customer by email or by post of the termination of the contract within the time limit set by the contract, according to the following schedule:
– twenty days before the start of the trip in the case of trips lasting more than six days;
– seven days before the start of the trip in the case of trips lasting two to six days;
– forty-eight hours before the start of the trip in the case of trips lasting no more than two days;
2) La Voyagiste Paris is prevented from performing the contract due to exceptional and unavoidable circumstances. In this case, La Voyagiste Paris notifies the Customer of the termination of the contract by email or in writing as soon as possible before the start of the trip.
ARTICLE 10. Assignment of the contract
Article 10.1. Possibility for the Customer to assign their contract
The Customer may assign their contract to an assignee who meets the same conditions as them to benefit from the services, as long as the contract has not produced any effect.
Article 10.2. Notice to assign the contract
The Customer may only assign their contract on condition that they inform La Voyagiste Paris of their decision by any means allowing them to obtain acknowledgement of receipt no later than seven days before the start of the trip. This assignment is not subject, under any circumstances, to the prior authorisation of La Voyagiste Paris.
Article 10.3. Joint and several liability of the assignor and assignee
The assignor Customer and the assignee are jointly and severally liable for the payment of the balance of the price and any additional costs that the assignment may entail.
ARTICLE 11. Compliance guarantee
The Customer must notify La Voyagiste Paris of any defects and/or non-conformities as soon as possible after the provision of the services, in accordance with Article L. 211-16 II of the French Tourism Code. This communication must be made, supported by supporting documents, preferably within 7 days of the end of the services, so that La Voyagiste Paris can investigate the problem and assess the reality of the alleged defects effectively and in the interest of both parties.
The defects and/or non-conformities found shall give rise to rectification, substitution, price reduction or reimbursement as soon as possible, taking into account the importance of the non-compliance and the value of the travel services in question.
In the event that La Voyagiste Paris proposes a replacement service or a price reduction, the traveller may only refuse the other services offered if they are not comparable to what had been provided for in the contract or if the price reduction granted is not appropriate.
The guarantee of La Voyagiste Paris is limited to the reimbursement of the services actually paid for by the Customer and La Voyagiste Paris may not be considered liable or defaulting for any delay or non-performance resulting from the occurrence of a case of force majeure or exceptional or unavoidable circumstances.
In accordance with Article R 211-6, 4° of the French Tourism Code, the Customer may quickly contact La Voyagiste Paris using the contact details set out in Article 1.1. “Description of the seller” of these T&C’s of sale, in order to communicate with them effectively, request assistance if the Customer is in difficulty or complains of any non-compliance observed during the performance of the trip.
ARTICLE 12. Protection of personal data
Article 12.1. Data collected
As part of its activity of travel operator, La Voyagiste Paris processes and uses personal data relating to Customers and beneficiaries.
In this respect, La Voyagiste Paris collects the following personal data: first name, surname, title, postal address, email address, telephone number, family composition, particularities noted in the contract, payment terms and for certain stays: date of birth, weight and height and dietary requirements.
Article 12.2. Intention
The collection of personal data is essential to the performance of the contract. Refusing to communicate would expose the Customer to difficulties in performing the service, which may not incur the liability of La Voyagiste Paris.
This personal data is collected exclusively for the purpose of managing La Voyagiste Paris’ clients within the context of concluding and performing the contract based on the Customer’s consent. It is only used for the purposes to which the Customer has consented.
More specifically, the purposes are as follows:
- Identification of the persons using and/or booking the services
- Formalisation of the contractual relationship
- Provision of services booked with La Voyagiste Paris
- Management of contracts and bookings (such as room allocation and travel management)
- Communication to the relevant partners with a view to the performance of the services
- Accounting, in particular the management of Customer accounts and monitoring of Customer relations
- Processing transactions relating to Customer management
- Marketing communications and market research, promotion.
Article 12.3. Persons authorised to access the data
The persons authorised to access the data collected by La Voyagiste Paris are: La Voyagiste Paris employees and partners working on the services requested by the Customer and, where applicable, the service providers to which La Voyagiste Paris sub-contracts the performance and/or administration of services, who are, as such, required to intervene in the processing, it being specified that in such cases, whether they are partners or subcontractors, this is carried out in compliance with the regulations in force.
Article 12.4. Data retention
This personal data collected is stored for the legal retention period relating to the purpose of the processing and at most for 5 years.
The personal data relating to the Customer’s credit card is only stored for the time necessary to complete the transaction.
La Voyagiste Paris implements organisational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and La Voyagiste Paris cannot guarantee the security of the transmission or storage of information on the Internet.
Article 12.5. Rights of the holder of the data collected
In accordance with the regulations applicable to personal data, each user has the right to query, access, amend, oppose, and rectify the collection and processing of their personal data, for legitimate reasons. It is possible to request that this data be rectified, supplemented, clarified, updated or erased.
These rights may be exercised by writing (email or letter) to the data controller: Manon PICHEREAU (manon@lavoyagisteparis.com), attaching a copy of your identity document to your request.
The Customer may lodge a complaint with the CNIL at any time, following the procedure indicated on the website (https://www.cnil/fr).
Article 12.6. Amendment of the clause
La Voyagiste Paris reserves the right to amend this clause relating to the protection of personal data at any time. If this personal data protection clause is amended, La Voyagiste Paris shall publish the new version on its website and inform users of the amendment by email at least 15 days prior to the effective date.
Article 12.7. Opposition to telephone solicitation
You have the right to register on the Bloctel list of opposition to telephone solicitation on the following website: http://www.bloctel.gouv.fr/.
ARTICLE 13. Language of the contract
These general terms and conditions of sale were drafted in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 14. Insurance
Our professional civil liability insurer guarantees us against the financial consequences of professional civil liability as set out in Articles L. 211-16 and L. 211-17 of the French Tourism Code.
The guarantee also covers damage caused to travellers, service providers or third parties as a result of faults, errors of fact or law, omissions or negligence committed during the offer, organisation and sale of our services, both by us and by our employees, employees and non-employees.
The Customer undertakes to take out a civil liability insurance policy and to keep it up-to-date to cover any damage they may cause.
La Voyagiste Paris offers various insurance packages offered by Zicasso. The complete booklet of the general and special terms and conditions of these insurance policies can be consulted on this website: https://www.zicasso.com/travel-insurance. These policies contain limitations of cover, exclusions, deductibles and obligations in the event of a claim. La Voyagiste Paris invites its Customers to read them carefully.
It is the Customer’s liability, before or during their trip, to personally contact their insurer in order to trigger their insurance policy.
ARTICLE 15. Liability of La Voyagiste Paris
Article 15.1. Automatic liability
La Voyagiste Paris is automatically liable for the tourist services contracted under these general terms and conditions of sale.
However, La Voyagiste Paris may be exempted from all or part of its liability by providing proof that the damage is attributable either to the Customer, or to a third party outside the provision of the travel services included in the contract, or to exceptional and unavoidable circumstances.
La Voyagiste Paris, as well as the retailer, are liable for the proper performance of all travel services included in the contract in accordance with Article L. 211-16.
Article 15.2. Limitation of liability
In accordance with Article L 211-17, IV of the French Tourism Code, the amount of any damages that La Voyagiste Paris would be ordered to pay to the Customer for any reason whatsoever, shall be limited to three times the total price excluding tax of the services, with the exception of bodily injury and damage caused intentionally or by negligence.
ARTICLE 16. Exceptional and unavoidable circumstances
Any event which creates a situation beyond the control of La Voyagiste Paris and the Customer and whose consequences could not have been avoided even if all measures had been taken thus preventing the performance under normal conditions of their obligations, shall be considered as causes of exemption from the obligations of the parties and shall result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
ARTICLE 17. Assistance to travellers
La Voyagiste Paris is responsible for the proper performance of the services provided for in the contract. In this context, if the Customer is faced with difficulties, La Voyagiste Paris will provide appropriate assistance as soon as possible, having regard to the circumstances of the case.
La Voyagiste Paris shall be entitled to charge a reasonable price for this assistance if this difficulty is caused intentionally by the traveller or by their negligence. The price charged will not exceed the actual costs incurred by the organiser or retailer.
ARTICLE 18. Accessibility
All Services are accessible to persons with reduced mobility. However, we invite you to consult La Voyagiste Paris in case of specific need.
Before the conclusion of the contract, the Customer is required to indicate to La Voyagiste Paris any particularity that may have a significant impact on the performance of the services so that La Voyagiste Paris can, as far as possible, adapts its service offers.
For example: specific allergies, difficulty moving, etc.
ARTICLE 19. Dispute resolution
Article 19.1. Applicable law
These general terms and conditions are subject to the application of French law, subject to the application of the more protective mandatory provisions of the Customer’s country of residence.
This is the case for both substantive and formal rules.
Article 19.2. Mediation
The Customer may use conventional mediation, in particular with the Consumer Mediator or with existing industry mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The Customer may thus refer the matter to the Tourism and Travel Mediator on the following website: https://www.mtv.travel/ or to MTV Médiation tourisme voyage, BP 80 303 – 75 823 Paris Cedex 17 in the event that the response provided by La Voyagiste Paris to the Customer regarding their complaint is deemed insufficient or has remained unanswered after 60 days.
Article 19.3. Online sales
In accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, in the event the service has been purchased online by the Customer, the Customer is informed that they may file a claim and select a dispute resolution body on the following website:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
Article 19.4. Evidence
It is expressly agreed that the data contained in the information systems of La Voyagiste Paris has probative force as to the orders, requests, and everything else relating to the use of the Website. It may be validly produced as evidence, particularly in court, in the same way as any written document.
ARTICLE 20. Related travel services
If, after choosing a travel service and paying for it, you book additional travel services for your trip or through La Voyagiste Paris, you will NOT benefit from the fees applicable to packages under Directive (EU) 2015/2302 and Article L.211-2 of the French Tourism Code.
However, if you book additional travel services during the same visit or contact with La Voyagiste Paris, the travel services will be part of a related travel service.
In this case, La Voyagiste Paris has, as required by European Union law, protection in order to reimburse the sums you have paid to it for services which have not been performed due to its insolvency.
La Voyagiste Paris has taken out insolvency protection with ACCELERANT INSURANCE EUROPE SA, Place du champ de Mars 5 – 1050 Brussels, Belgium. Travellers may contact this entity if travel services are refused due to the insolvency of La Voyagiste Paris.
Note: this insolvency protection does not apply to contracts concluded with parties other than La Voyagiste Paris which may be performed despite the insolvency of La Voyagiste Paris.
[Website on which Directive (EU) 2015/2302 transposed into national law can be consulted https://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=B6B56671A51841699A8FB7B4B5EB08A2.tplgfr21s_1?idArticle=LEGIARTI000036242695&cidTexte=LEGITEXT000006074073&categorieLien=id&dateTexte=20180701].
ARTICLE 21. Important information: administrative and health formalities
Regardless of the destination and countries visited, you must check that each traveller (including children and babies) is in possession of a biometric passport with integrated chip and digital photo, valid for at least 6 months after the date of return of the trip as well as any other document(s) (visa, ESTA authorisation, family record book, authorisation to leave the country, etc.) necessary and compliant with the requirements required to transit and/or enter the country(ies) of the trip and/or transit.
It is the responsibility of each traveller to verify that their documents, particularly administrative and health documents, required for the purpose of completing the trip, are in accordance with the information provided by the organiser, it being specified that it is the responsibility of the person who concluded the travel quote/contract to pass on the information relating to the formalities to each of the travellers registered for the trip. La Voyagiste Paris may not, under any circumstances, be held liable for the consequences of non-compliance by each traveller with police, customs or health regulations. A traveller who cannot travel (in particular a flight) if they fail to present the required documents mentioned in the sales contract provided to them, may not claim any reimbursement.
La Voyagiste Paris provides this information for all French nationals residing in France. Foreign nationals are invited to consult their consular authority.
For the formalities and information of the country(ies) of the trip, the organiser recommends consulting the sheets of the countries visited during the trip, available on the website of the Ministry of Europe and Foreign Affairs (MEAE) www.diplomatie.gouv.fr, under “Travel Advice/Advice by Country”.
La Voyagiste Paris draws attention to the fact that information may change up to the date of departure and advises travellers to consult the official websites regularly. For certain destinations, the organiser may be required to have the MEAE sheet signed for the country(ies) visited or crossed, as part of its obligation to provide information. This request does not constitute a release from liability.
https://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs/
La Voyagiste Paris provides the health information available at the time of conclusion of the contract. It is recommended to regularly consult the information disseminated by the competent authorities on the health risks of the country/countries of your trip and to follow the health recommendations and measures to combat these risks accessible on the websites http://solidarites-sante.gouv.fr (French Ministry of Solidarity and Health) or www.who.int/fr (World Health Organisation).
Except for services expressly provided for in the contract, La Voyagiste Paris is not required to verify the validity and conformity of travel documents, even if they have been sent by the Customer. Its obligation is limited to an obligation to provide information.